Navigating Unfamiliar Terrain: Nonprofit Law for the Non-Nonprofit Lawyer

November 9, 2017 by Leave a Comment

106510537-copy15th Annual Advanced Business Law Course, Houston, Texas, 11/09/2017

The nonprofit sector includes organizations of all shapes and sizes with various entity structures and exemption bases, all highly regulated under both state and federal law.  This paper and presentation provide an overview of this sector geared to practitioners practicing outside of the area of nonprofit organizations, beginning with choice of form; moving to exemption, obtaining exemption, maintaining exemption, and operating; and concluding with termination of the organization.

Filed Under: 2017, Blog, Blog Sub-Category 1, Papers & Presentations Tagged With: , , , , ,

Creating Subsidiaries of Tax-Exempt Organizations

August 25, 2017 by Leave a Comment

1159518571-copyState Bar of Texas, 15th Annual Governance of Nonprofit Organizations Course, Austin, Texas, 08/25/2017

Tax-exempt organizations utilize subsidiaries and related organizations for a number of different reasons ranging from management concerns to liability protection to tax necessity. While the nonprofit corporate form is generally used for charitable organizations conducting commercial activities, a number of different forms should be considered for a subsidiary or affiliate organization. This paper and presentation explore many of these considerations while exposing seemingly unforeseen traps, all while being mindful of the ultimate legal issue tax-exempt entities face: “How will this impact our exempt status?”

Filed Under: 2017, Blog, Blog Sub-Category 1, Papers & Presentations Tagged With: , , , ,

LLCs in the World of Nonprofit and Mission-Minded Organizations

July 13, 2017 by Leave a Comment

LLCs in the World of Nonprofit and Mission-Minded Organizations26th Annual LLCs, LPs and Partnerships Conference and Primer, Austin, Texas, 07/13/2017

The opportunity to use the LLC form for nonprofit and mission-minded purposes is rarely considered by practitioners not working in the tax-exempt organization space, but this popular entity choice proves to be advantageous when utilized in this capacity as well and has become more discussed following the creation of the Chan Zuckerberg Initiative.  This paper and presentation look at various ways the LLC may be used in the nonprofit and mission-minded area, including use of the single member LLC for liability protection and ancillary joint venture participation, use of the LLC for social enterprise businesses, and use of the LLC by entrepreneurs engaged in philanthropy.

Filed Under: 2017, Blog, Blog Sub-Category 1, Papers & Presentations Tagged With: , , , , ,